Wilderson v. Polis et al
| Gerek Wilderson |
| Jared Polis, Moses Andre Stancil, Allison Talley, Amanda Retting, Chris Lobanov-Rostovsky and Shane Stucker |
| CASE MANAGER/INMATE COORDINATOR OF: Gerek Wilderson |
| 1:2026cv01346 |
| March 27, 2026 |
| U.S. District Court for the District of Colorado |
| N Reid Neureiter |
| Regina M Rodriguez |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2026. A more recent docket listing may be available from PACER.
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Filing 35
SECOND AMENDED ORDER by Judge Regina M. Rodriguez on 9/8/2026. ORDERED: Discovery is consolidated and all future discovery-related matters shall be filed in Case No. 1:25-cv-02299. Defendants shall address the schedule for briefing any motions to dismiss in the proposed consolidated scheduling order. The parties are ORDERED to prepare and submit a proposed consolidated scheduling order pursuant to D.C.COLO.LCivR 16.1 and 16.2 on or before October 6, 2026. The consolidated scheduling order will be addressed at the Status Conference (which remains scheduled as originally ordered), on October 16, 2026, at 1:00 PM. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (kmyha)
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| ***Set/Reset Hearings: Status Conference set for 10/16/2026 at 01:00 PM in Courtroom A 901 before Judge Regina M. Rodriguez, pursuant to the Second Amended Order entered on 9/8/2026. (kmyha) |
| Filing 34 Notice of Pro Bono Appointment. Attorneys Michael Christopher Theis, Elizabeth Alice Och, Edwin Esteban Bruns, and Clara Campbell Troyer of Hogan Lovells US LLP have been selected as counsel to represent the Plaintiff, in accordance with the Court's Order of July 29, 2026, and D.C.COLO.LAttyR 15(f) of the U.S. District Court's Local Rules of Practice. Counsel has sixty days to either enter an appearance in the case or to file a Notice Declining Appointment. This Notice of Appointment will be sent to the pro se litigant and selected counsel by the undersigned designated clerk. (adubo) |
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Filing 33
ORDER. Pursuant to D.C.COLO.LAttyR 15(e)(1), Plaintiff's Prisoner Motion for Appointment of Counsel #32 is GRANTED. The Court finds good cause to appoint counsel to assist Plaintiff in prosecuting this lawsuit. Accordingly, the Court directs the Clerk's office to place Plaintiff on the list of persons requesting appointment of pro bono counsel. Unless counsel enters an appearance on Plaintiff's behalf, Plaintiff remains responsible for complying with all court rules and all deadlines in the case. SO ORDERED by Judge Regina M. Rodriguez on 7/29/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(rmrja)
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| Filing 32 MOTION to Appoint Pro Bono Counsel by Plaintiff Gerek Wilderson. (agryan) |
| Filing 31 MOTION to Vacate and Reset Oral Argument on Motions by Plaintiff Gerek Wilderson. (agryan) |
| Filing 30 REPLY In Support of CDOC Defendants' Rule 12(b)(6) Motion to Dismiss by Defendants Chris Lobanov-Rostovsky, Amanda Retting, Moses Andre Stancil, Shane Stucker, Allison Talley. (Hunger, Robert) |
| Filing 29 RESPONSE to #26 MOTION to Dismiss from the Defendants, filed by Plaintiff Gerek Wilderson. (ccuen, ) |
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Filing 28
AMENDED ORDER. It is ORDERED that discovery in each of the above-captioned cases is consolidated and all future discovery-related matters shall be filed in Case No. 1:25-cv-02299. Defendants may file motions to dismiss in individual cases by July 16, 2026, with Plaintiff's responses due August 6, 2026, and Defendants' reply due August 17, 2026. It is FURTHER ORDERED that Plaintiffs who intend to move for appointment of counsel pursuant to D.C.COLO.LAttyR 15(e)(1) must do so by September 1, 2026. Finally, it is FURTHER ORDERED that all parties must appear for the Status Conference on October 16, 2026 at 1:00 p.m. SO ORDERED by Judge Regina M. Rodriguez on 7/7/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (ccuen, )
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| Motion(s) No Longer Referred: #19 MOTION to Dismiss , #26 MOTION to Dismiss by Judge Regina M. Rodriguez on 7/7/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (kmyha) |
| Filing 27 MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Status Conference held on 7/1/2026. FTR: Courtroom A401. (rvill, ) |
| Filing 26 MOTION to Dismiss by Defendants Chris Lobanov-Rostovsky, Amanda Retting, Moses Andre Stancil, Shane Stucker, Allison Talley. (Attachments: #1 Exhibit Movants' Appendix)(Hunger, Robert) |
| Filing 25 REPLY to Response to #19 MOTION to Dismiss filed by Defendant Jared Polis. (Nierenberg, Lily) |
| Filing 24 RESPONSE to Governor Polis' Motion to Dismiss #19 filed by Plaintiff Gerek Wilderson. (agryan) |
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Filing 23
ORDER Reassigning Cases. After conferral pursuant to Local Civil Rule 3.2(d), and pursuant to Local Civil Rule 40.1(a) and (d)(4)(B) and the approval of Chief Judge Daniel D. Domenico, the Clerk of Court is DIRECTED to reassign the above-captioned cases to Judge Regina M. Rodriguez as the presiding judge and Magistrate Judge N. Reid Neureiter as the referral judge. All future pleadings should be designated as 26-cv-01346-RMR-NRN. SO ORDERED by Chief Judge Daniel D. Domenico on 06/10/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (agryan)
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| Filing 22 NOTICE of Entry of Appearance by Ann C. Tousignant Stanton on behalf of Chris Lobanov-Rostovsky, Amanda Retting, Moses Andre Stancil, Shane Stucker, Allison TalleyAttorney Ann C. Tousignant Stanton added to party Chris Lobanov-Rostovsky(pty:dft), Attorney Ann C. Tousignant Stanton added to party Amanda Retting(pty:dft), Attorney Ann C. Tousignant Stanton added to party Moses Andre Stancil(pty:dft), Attorney Ann C. Tousignant Stanton added to party Shane Stucker(pty:dft), Attorney Ann C. Tousignant Stanton added to party Allison Talley(pty:dft) (Stanton, Ann) |
| Filing 21 NOTICE of Entry of Appearance by Robert Scott Hunger on behalf of Chris Lobanov-Rostovsky, Amanda Retting, Moses Andre Stancil, Shane Stucker, Allison TalleyAttorney Robert Scott Hunger added to party Chris Lobanov-Rostovsky(pty:dft), Attorney Robert Scott Hunger added to party Amanda Retting(pty:dft), Attorney Robert Scott Hunger added to party Moses Andre Stancil(pty:dft), Attorney Robert Scott Hunger added to party Shane Stucker(pty:dft), Attorney Robert Scott Hunger added to party Allison Talley(pty:dft) (Hunger, Robert) |
| Filing 20 MEMORANDUM regarding #19 MOTION to Dismiss filed by Jared Polis. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Nina Y. Wang on 5/29/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (nywlc8, ) |
| Filing 19 MOTION to Dismiss by Defendant Jared Polis. (Attachments: #1 Exhibit A, SB23-164)(Nierenberg, Lily) |
| Filing 18 NOTICE OF CASE ASSOCIATION by Lily E. Nierenberg on behalf of Jared Polis (Nierenberg, Lily) |
| Filing 17 NOTICE of Entry of Appearance by Lily E. Nierenberg on behalf of Jared PolisAttorney Lily E. Nierenberg added to party Jared Polis(pty:dft) (Nierenberg, Lily) |
| Filing 16 SUMMONS Returned Executed Jared Polis served on 5/8/2026, answer due 5/29/2026. (jrobe, ) |
| Filing 15 WAIVER OF SERVICE Returned Executed Chris Lobanov-Rostovsky waiver sent on 5/12/2026, answer due 7/13/2026. (jrobe, ) |
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Filing 14
ORDER REFERRING CASE: This case is referred to Magistrate Judge N. Reid Neureiter for all motions. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the Parties by motion, this Court may direct the Parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at his discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 5/4/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (nywlc8, )
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| Filing 13 CASE REASSIGNED Pursuant to #12 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to Judge Nina Y. Wang. All future pleadings should be designated as 26-cv-01346-NYW. (Text Only Entry) (jrobe, ) |
| Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Gerek Wilderson All parties do not consent. (jrobe, ) |
| Filing 11 WAIVER OF SERVICE Returned Executed Amanda Retting waiver sent on 4/27/2026, answer due 6/26/2026; Moses Andre Stancil waiver sent on 4/27/2026, answer due 6/26/2026; Shane Stucker waiver sent on 4/27/2026, answer due 6/26/2026; Allison Talley waiver sent on 4/27/2026, answer due 6/26/2026. (jrobe, ) |
| Filing 10 Filing fee: $ 405, receipt number 117826. (eluce, ) |
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Filing 9
ORDER Setting Consent Deadline and Status Conference for Pro Se Plaintiff. IT IS HEREBY ORDERED that on or before June 17, 2026, the parties shall complete and file the Consent/Non-Consent Form (see ECF No. #7 ), indicating either unanimous consent of the parties or that consent has been declined. IT IS FURTHER ORDERED that a Status Conference shall be held on July 1, 2026 at 10:30 a.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. The Status Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (571) 353-2301, Access Code 841686937# at the scheduled time. PLEASE READ ATTACHED ORDER. Entered by Magistrate Judge N. Reid Neureiter on 04/22/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (agryan)
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| Filing 8 CERTIFICATE of Service by Clerk of Court re #1 Prisoner Complaint for Service of Process. (Attachments: #1 U.S. Marshal Service Form) (jrobe, ) Modified to correct text on 04/22/2026. (jrobe, ). |
| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eluce, ) |
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Filing 6
ORDER Drawing Case. After review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ORDERED that this case shall be DRAWN to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Magistrate Judge N. Reid Neureiter for all further proceedings. All future pleadings should be designated as 26-cv-01346-NRN.) By Magistrate Judge Richard T. Gurley on 4/20/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (eluce, )
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Filing 5
ORDER Granting Leave to Proceed Under to 28 U.S.C. 1915. It is ORDERED that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #4 ) is granted. The United States Marshals Service shall serve process on any remaining defendant(s) for whom personal service is required if the case is later drawn to a district judge or a magistrate judge under D.C.COLO.LCivR 8.1(c), by Magistrate Judge Richard T. Gurley on 4/20/2026. [Copy of order e-mailed as ordered] For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (eluce, )
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| Filing 4 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Gerek Wilderson. (echa, ) |
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Filing 3
ORDER Directing Plaintiff to Cure Deficiencies. It is ORDERED that Plaintiff cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Plaintiff files in response to this order must include the civil action number on this order. If Plaintiff fails to cure all designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice, by Magistrate Judge Richard T. Gurley on 3/31/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (echa, )
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| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (echa, ) |
| Filing 1 PRISONER COMPLAINT against Jared Polis, Amanda Retting, Moses Andre Stancil, Allison Talley, filed by Gerek Wilderson.(echa, ) |
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